Agreement to Terms. These Terms of Use (“Terms”) govern your access to and use of the websites and services provided by A Place for Mom, Inc. (“APFM,” “we,” “us,” or “our”), including www.aplaceformom.com and our subdomains (for example, homecare.aplaceformom.com) and any tools, features, and conversational experiences powered by artificial intelligence that we make available (collectively, the “Sites” and “Services”). By checking a box or otherwise indicating acceptance, or by accessing or using the Sites or Services, you agree to be bound by these Terms and by all policies and Additional Terms incorporated by reference. If you do not agree to these Terms, do not use the Sites or Services.
Arbitration & Class Action Waiver (Please Read). These Terms include a binding arbitration agreement and class action waiver that affect your rights on how disputes are resolved. Except for the limited disputes described in the Arbitration section below, you agree to resolve disputes with us through individual arbitration, and you waive your right to a jury trial and to participate in a class action.
Additional Terms & Order of Precedence. Certain Services (or parts of them) may be subject to additional terms, guidelines, or rules (“Additional Terms”). Where Additional Terms apply, they will be presented for your review through the Sites or Services or provided separately. If any Additional Terms conflict with these Terms, the Additional Terms control for that Service. These Terms do not alter any other agreement you may have with APFM unless expressly stated.
Changes to Terms or Services. We may update these Terms and/or modify the Sites or Services at any time. When we do, we will revise the Effective Date above and, when appropriate, provide additional notice (for example, by posting on the Sites or sending a notification). Your continued use of the Sites or Services after the revised Terms are posted means you accept the changes. If you do not agree, you must stop using the Sites and Services. To the extent notice is required by law, you waive the right to such notice, except where not permitted (including for Washington State residents or where you are seeking Services in Washington State).
Eligibility. You must be the age of majority in your jurisdiction and legally able to enter a binding contract, and you may not be prohibited from using the Sites or Services by the laws of the jurisdiction from which you access them.
APFM provides senior‑care marketing and information services that help families learn about and connect with care options. These options may include independent living, home care, residential care homes, assisted living, and specialized memory care. Based on a family’s stated needs and preferences, we may provide information about Participating Organizations and forward the family’s information to those providers so they can follow up. Families can also review information about Participating Organizations and receive personalized assistance by telephone from APFM advisors. Our services are offered at no charge to families; Participating Organizations pay fees to APFM.
On certain parts of our Sites, including the home care experience available on APFM subdomains, we offer a conversational, AI‑powered intake that helps families understand private‑pay, non‑medical homecare options, answer questions in real time, generate a tailored list of potential providers, and facilitate fast connections (for example, “connect now” or scheduling a call). This guided experience is designed to reduce effort and help families move confidently to next steps; it does not provide medical, legal, or financial advice and does not itself deliver care. APFM personnel may review chat, voice, and SMS interactions and related transcripts or summaries for quality assurance, safety, troubleshooting, and to improve the Services.
As further described below, participating communities and agencies are independent businesses responsible for their own licensing, staff, services, and pricing; APFM does not control, recommend, or guarantee any community or agency, and APFM does not broker, sell, or lease space or services. In addition, some interactions may occur by phone, SMS/text, email, or voice/chat experiences and may be recorded or transcribed for quality and compliance; your use of these features is subject to the “Privacy and Consent to Communications,” “Recorded Telephone Communications,” and “Consent to Automatic Telephone Dialing System” sections and to our Privacy Policy.
Responsibility for services and care. Participating communities and home care agencies (“Participating Organizations”) are solely responsible for evaluating and accepting (or declining) prospective residents or clients and for the services they deliver. This includes ensuring that staff are appropriately qualified and trained and that facilities, resources, and equipment are sufficient for the services offered. APFM does not supervise, manage, or direct any Participating Organization’s staff or operations.
Responsibility for information posted. Each Participating Organization is responsible for the content it posts or that appears on its pages on our Sites. Such content does not represent APFM’s views, and APFM does not control, verify, or guarantee it. APFM does not vouch for the accuracy or completeness of any information posted by or for a Participating Organization and assumes no liability for actions you take in reliance on that information. Your use of such information is at your own risk.
Availability, eligibility, and decisions. Eligibility, acceptance, capacity, services, and pricing are determined solely by each Participating Organization. APFM does not participate in or make admission, enrollment, or service decisions, and nothing on the Sites should be interpreted as APFM recommending or endorsing any particular organization.
APFM exercises no independent judgment as to the quality of, and does not recommend or endorse, any Participating Organization. We provide an information and connection service only. We do not (1) place any person with any Participating Organization, (2) perform medical assessments of or for any person or Participating Organization, or (3) participate in decisions regarding final selection, admission, or service arrangements.
APFM is not a representative or agent for you or for any Participating Organization and does not act on either party’s behalf. APFM does not broker, sell, or lease space or services directly and is not a party to any transaction or agreement between you and any Participating Organization. Decisions about acceptance, services, and pricing are made solely by you and the Participating Organization.
Any shortlists, sort orders, “matches,” or connection options (including those generated by conversational or AI-assisted features) are provided for convenience based on your stated preferences and available information; they are not endorsements, guarantees, recommendations, or professional advice. You should conduct your own due diligence and independently evaluate whether any Participating Organization is appropriate for your needs.
All information, materials, content, and answers available on the Sites or provided through the Services, including websites, phone, SMS/text, email, and conversational or AI-assisted features, are for general informational purposes only. They are not a substitute for professional advice and do not constitute medical, legal, financial, insurance, or other professional advice. You should consult appropriately trained and licensed professionals for advice specific to your situation.
APFM does not evaluate clinical needs, determine eligibility for insurance or public programs, or make care, admission, or service decisions. Any decisions about care or services, including whether to engage with any Participating Organization, are solely yours.
If you believe you are experiencing a medical emergency or an immediate safety issue, call 911 (or your local emergency number) right away. Do not delay seeking professional care because of information you obtained from the Sites or Services.
Privacy Policy. Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose personal information collected through the Sites and in connection with your use of the Services. Please review the Privacy Policy. Your use of the Sites and the Services is subject to the Privacy Policy.
Consent to be contacted and to share information. By submitting forms on the Sites or otherwise providing information to us, you expressly consent to being contacted by APFM and by Participating Organizations by telephone, mobile telephone, text or SMS, email, mail, or other methods for the purpose of providing the Services. If you are a customer or potential customer of the Services, you authorize us to provide the information you submit and related information we may receive from third parties to Participating Organizations to provide the Services. This authorization continues until you withdraw your consent by requesting that we no longer provide you Services. We may continue to refer to and disclose your information when communicating with a Participating Organization as necessary for our normal Participating Organization business practices, including billing matters, until those matters are closed.
Communication channels. Some parts of the Sites include chat or voice features, including the home care experience, which facilitate communications and connections with Participating Organizations. Your use of these features constitutes consent to communications through those channels and remains subject to the sections titled “Recorded Telephone Communications” and “Consent to Automatic Telephone Dialing System,” in addition to our Privacy Policy.
Telephone communications between you and APFM may be recorded or monitored for quality control purposes. You expressly consent to APFM recording and monitoring these telephone communications.
You agree that APFM and Participating Organizations may use automatic telephone dialing systems and related technology to contact you by call or text message at any telephone number you provide, including a mobile number, even if that number is listed on a Do Not Call registry.
You understand that message and data rates may apply and that the frequency of messages may vary. You may opt out of marketing text messages at any time by replying STOP. You may withdraw consent for automated calls by contacting us or following any provided opt out instructions. Your consent to receive automated calls or texts is not required to use the Sites or the Services.
You represent and warrant that you are the current subscriber or customary user of any telephone number you provide and that you have the authority to provide this consent.
You are granted a limited, revocable, non‑exclusive, non‑transferable, and non‑sublicensable license to access and use APFM’s websites and subdomains, including any chat or voice features and any APFM AI‑powered tools or agents made available through them (collectively, the “Site Materials”), solely for your personal, non‑commercial use and only as permitted by these Terms and any applicable Additional Terms. Any other use is prohibited and will result in automatic termination of this license. Unless expressly stated, no rights are granted by implication, estoppel, or otherwise. APFM may revoke this license at any time.
You shall not use the Sites or any Site Materials for any purpose other than their intended purpose, or in any manner that is unlawful or that harms APFM or others. Unauthorized use may violate intellectual property and communications laws and will immediately terminate the license granted herein, in addition to any other remedies available to APFM.
You agree that you will not do, attempt to do, or encourage any third party to do any of the following in connection with the Sites or the Services. These examples are illustrative and not exhaustive:
All trademarks, service marks, and trade names are proprietary to APFM and our licensors. All rights, title, and interests in and to the Sites, including content, materials, trademarks, and other intellectual property contained on the Sites, vest solely in APFM and its licensors. The APFM name and any APFM products and services, slogans, or logos referenced on the Sites are trademarks or registered trademarks of APFM in the United States and/or other countries. The names of actual third-party companies and products mentioned on the Sites may be the trademarks of their respective owners. Any rights not expressly granted are reserved.
On certain portions of the Sites, you may be provided with a user identification and password. You are responsible for all activity under your user identification and for maintaining the confidentiality and security of your password.
The Sites may provide links to external websites. These links are provided for your convenience only. APFM does not control such external websites and is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links does not imply any endorsement of any third party that advertises or offers goods or services through the Sites. When you leave the Sites, our Terms of Use and Privacy Policy no longer apply. Your dealings with any external websites are at your own risk, and you agree not to make any claim against APFM arising out of your use of such websites.
We may run advertisements and promotions from third parties, or provide information about, links to, or referrals for third-party products or services on the Sites, including offerings from Participating Organizations. We do not control such third-party offerings, and we do not make any guarantees regarding their accuracy, currency, suitability, or quality. Your business dealings or correspondence with any third party, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party. You should use your own independent judgment regarding any third-party products or services you find on or through the Sites.
If you use any public area on the Sites that allows user posts, additional terms and conditions apply. You agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information you provide to APFM regarding APFM, the Sites, or the Services, whether by email, other written or oral submissions, or postings on the Sites (“Submissions”), are non-confidential. You grant APFM a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, disseminate, distribute, display, reproduce, post, and publish your Submission, and any name, username, or likeness provided with the Submission, in all media formats and channels now known or later developed without compensation to you. You warrant that you will not post materials that violate law, infringe rights, or contain viruses or destructive content.
APFM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, APFM DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITES OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL APFM BE LIABLE TO YOU FOR ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF APFM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APFM OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR RELATED TO THE SITES OR SERVICES, REGARDLESS OF LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF APFM OR THE ASSOCIATED PARTIES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITES OR SERVICES SHALL NOT EXCEED THE GREATER OF FIFTY U.S. DOLLARS (USD $50.00) OR ANY COMPENSATION YOU PAY, IF ANY, TO APFM FOR ACCESS TO OR USE OF THE SITES OR SERVICES. SOME JURISDICTIONS, SUCH AS WASHINGTON STATE, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO THE ABOVE MAY NOT APPLY TO YOU TO THAT EXTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD APFM AND THE ASSOCIATED PARTIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE SITES AND/OR THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon termination or suspension, your right to use the Sites will immediately cease.
We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services at any time without notice.
From time to time APFM may offer features, content, or functionality identified as beta, preview, pilot, evaluation, or early access (collectively, “Beta Features”). Beta Features are provided for evaluation and testing, may be made available only for a limited time, may not operate correctly or be fully functional, and may be changed, suspended, or discontinued at any time. Beta Features are provided “as is,” “as available,” without warranties, service levels, or support, in addition to the disclaimers elsewhere in these Terms. If you choose to provide feedback or suggestions regarding Beta Features, you grant APFM a nonexclusive, perpetual, irrevocable, royalty‑free, worldwide license to use, copy, modify, and create derivative works from your feedback for any purpose without compensation to you.
Any dispute arising from the Sites or your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in New York County, New York
Except for small claims disputes or claims related to intellectual property, you and we waive our rights to a jury trial and to have any dispute arising out of or related to the Sites or Services resolved in court. Disputes must be submitted to binding arbitration administered by JAMS, and the Federal Arbitration Act and federal arbitration law apply. The most recent version of the JAMS Rules is incorporated by reference. You and we agree that any dispute will be resolved solely through individual action and will not be brought as a class arbitration, class action, or other representative proceeding. For any arbitration you initiate, you will pay the filing fee up to a maximum of USD $250 if you are a consumer, and we will pay the remaining JAMS fees and costs. For any arbitration we initiate, we will pay all JAMS fees and costs. You have the right to an in-person hearing in your hometown area. You may opt out of binding arbitration within 30 days after you first accept these Terms by emailing privacy@aplaceformom.com with your full name and address and a clear statement of your intent to opt out.
Severability; forum for non‑arbitrable claims. If any part of this arbitration agreement is found to be invalid or unenforceable, that part will be severed and the remainder will remain in effect, except as provided below. If the class action waiver in this section is found to be unenforceable as to a particular claim or request for relief, then the arbitration agreement will be unenforceable as to that claim or request for relief only and that claim or request for relief must proceed in court.
Public injunctive relief. If a claim for public injunctive relief is permitted by law to be brought in a court of competent jurisdiction, the parties agree that any such claim will be severed from the arbitration and stayed in court pending the completion of the arbitration of all other claims.
Court proceedings. Any claim that is required or permitted to proceed in court under this section will be brought exclusively in the state or federal courts located in New York County, New York, consistent with the “Governing Law and Forum Selection” section, and the parties consent to personal jurisdiction there.
If you believe in good faith that materials hosted by us infringe your copyright, you or your agent may send us a written notice that includes:
Send notices to:
A Place for Mom, Inc.
Attn: Legal Department
530 Fifth Avenue, Floor 25
New York, NY 10036
Phone: 888-552-1632
Email: dmca@aplaceformom.com
If any part of these Terms is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder will continue in effect. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Sites. Except as expressly stated, these Terms constitute the entire agreement between you and APFM with respect to the Sites.